FAMILY DIVISION COURT OF PROTECTION [2013] EWHC 50 (COP) Royal Courts of Justice Thursday, 10 th January Before: MR. JUSTICE HEDLEY.
|
|
- Jayson Burns
- 6 years ago
- Views:
Transcription
1 IN THE HIGH COURT OF JUSTICE FAMILY DIVISION COURT OF PROTECTION [2013] EWHC 50 (COP) No. COP Royal Courts of Justice Thursday, 10 th January 2013 Before: MR. JUSTICE HEDLEY B E T W E E N : A NHS TRUST Applicant - and - P & Anor. Respondents Transcribed by BEVERLEY F. NUNNERY & CO Official Shorthand Writers and Tape Transcribers Quality House, Quality Court, Chancery Lane, London WC2A 1HP Tel: Fax: info@beverleynunnery.com MR. S. MATTEWSON (instructed by Legal Services, A NHS Trust) appeared on behalf of the Applicant. MRS. B. HARRIS (instructed by TV Edwards LLP) appeared on behalf of the First Respondent. MR. A. HOCKTON appeared on behalf of the Official Solicitor. J U D G M E N T (As approved by the Judge)
2 MR. JUSTICE HEDLEY: 1. This case concerns a young woman who was born with sickle cell disease, a lifelong genetic condition which results in her requiring regular medical treatment. One of the risks inherent in sickle cell disease is a liability to what the medical profession refers to as cerebral vascular accidents, what laymen might call strokes. 2. In fact a number of those were suffered by this young woman as a result of which she suffers from learning disabilities which place her intellectually in the bottom 1% of the population of this country. 3. As a result of circumstances that require no description, let alone investigation, by me, she was in receipt of a substantial award of damages, but because of her disabilities she required deputies to administer those on her behalf. The joint deputies were her mother and the senior partner of a well-known firm of solicitors. 4. This young woman lives with her mother, sister and other members of the family. They provide a close and supportive network for her. In those circumstances she functions well within a community setting. 5. Towards the end of last year she discovered that she was pregnant. There is a belief that the putative father is known but it would not be right, in these circumstances, to make any observations about what happened. It is the fact of the pregnancy that has brought this matter to the court's attention. 6. This young woman has always cooperated with the medical treatment that she requires and there is no reason to believe that she will not further cooperate with matters relating to her pregnancy. However, there was entirely responsible anxiety raised about her capacity to deal with these matters and, in particular, her capacity to decide whether or not she wished to continue with the pregnancy. 7. It may be that those who decided to institute these proceedings had in mind the judgment of Mr. Justice Coleridge in an NHS Trust v D [2004] 1 FLR 1110, and, in particular, may have had in mind the guidance at para That guidance, as I understand it, remains authoritative and in those circumstances it is not difficult to understand why a responsible solicitor would decide that the matter should be referred to the court. It came to the court in the category of a serious medical issue. 8. It is right to say that all parties have thoroughly cooperated in terms of enabling the court to investigate the matter. I am grateful for the cooperation that has been received on all sides.
3 9. The Court of Protection has remarkably wide and extensive powers to act in the best interests of those who lack capacity. Those powers may extend to major issues of medical treatment, including sometimes termination or withdrawal of treatment and may also include matters, as for example here, relating to the continuation of pregnancy. The court, in exercising its best interests jurisdiction, has power to override the views not only of the person concerned but of their family. In those circumstances it is very important that the exercise of those powers should be the subject of public scrutiny except in the most unusual cases. The practice has developed of these cases being held in open court but with restrictions on reporting designed to preserve the confidentiality of the family. The preservation of the confidentiality of the family usually involves preserving the confidentiality of the hospital and treating clinicians, because, of course, as in a case like this, once that is known the identification of the person concerned becomes extremely easy. No complaint is made in this case either of its being conducted in open court or of those restrictions being in place, and that seems to me as it should be. 10. Fundamental to the jurisdiction of the Court of Protection is the question of capacity. It is worth making two or three brief observations about capacity. Capacity is to be presumed unless and until the contrary is established. A finding of incapacity cannot be made unless all practicable steps have been taken to help the person to make the necessary decision. Most importantly, the Act provides: "A person is not to be treated as unable to make a decision merely because he makes an unwise decision". In the field of personal relationships that is a very important qualification to the powers of the court. The plain fact is that anyone who has sat in the Family jurisdiction for as long as I have, spends the greater part of their life dealing with the consequences of unwise decisions made in personal relationships. The intention of the Act is not to dress an incapacitous person in forensic cotton wool but to allow them as far as possible to make the same mistakes that all other human beings are at liberty to make and not infrequently do. 11. The question of capacity requires a medical element to it because, as s.2(1) provides: "For the purposes of this Act, a person lacks capacity in relation to a matter if at the material time he is unable to make a decision for himself in relation to the matter because of an impairment of, or a disturbance in the functioning of, the mind or brain". There is no doubt that that medical definition applies in this case given this young woman's medical condition.
4 12. Once that is established then s.3 deals with the ability to make decisions. It is important to bear in mind that the ability to make decisions is conditioned by two matters. The first is that it is a matter of evidence as to whether a person has the capacity to make a decision. Secondly, the decision must be a specific decision rather than a general decision, so that a person may have capacity to make several decisions but lack the capacity to make others. Indeed, a person may at one time have capacity to make decisions which they lack at another. A classic example of that relates to the capacity of a woman to make decisions in the immediate aftermath of the birth of a child. Both the Human Fertilisation and Embryology Act 2008 and the Adoption and Children Act 2002 require a period of time to elapse before a decision can be made. 13. Therefore the question in this case is two-fold: first, does this young woman lack capacity to litigate and so require a litigation friend and secondly, does she lack capacity to make a decision about the continuation or termination of her present pregnancy? As to the first decision, there is no dispute within the evidence or between the parties. She manifestly lacks capacity to litigate at the present time and requires the assistance of the Official Solicitor as litigation friend, which has been forthcoming in this case. 14. It is the second decision that lies at the heart of these proceedings. When the case first came before me there were grounds to believe that this young woman lacked capacity to make this decision and therefore the duty of the court was to require evidence addressing that particular issue. Experience has suggested that not everyone familiar with the Mental Health Acts is necessarily in a position to give this kind of very precise guidance and assistance under the Mental Capacity Act But in this case the Official Solicitor has obtained evidence from Dr. Stephen Tyrer, an independent psychiatrist, for whose report of 7 th January 2013 the court is very grateful and has found it helpful. 15. Dr. Tyrer's view is that this young woman does have the capacity to decide whether or not to continue with or terminate the pregnancy. The views of the treating clinicians have throughout been that they treat her as a person who has capacity to make this decision and have never, as it were, doubted that particular view. I should say that that also is a view that has been adhered to by the family. It is now the position that all parties and all witnesses whose views have been sought accept the assessment that this young lady has capacity to make this particular decision. That being so, the Court of Protection has no jurisdiction to engage in an assessment of her best interests and nothing whatever should be said about them by the court. It is right to observe that both the expert and professional and family evidence in the case is that it would be in her interests to continue with the pregnancy but that is outwith the current jurisdiction of the court.
5 16. It is, as I said, very important to bear in mind, particularly in the field of those with significant learning difficulties who may well be unable to function independently in the community in every aspects of their life, that they may very well retain capacity to make deeply personal decisions about how they conduct their lives. One has in mind the question of choice of partners; the extent to which they wish to be sexually active; the extent to which they may wish to make permanent relationships by way of marriage or indeed civil partnership; the extent to which they may wish to be able to make decisions about their own medical care, including, as in this case, the continuation or termination of a pregnancy. It cannot be the case that merely because a person has significant difficulties in functioning in the community, it can be presumed that they lack capacity to make profoundly personal decisions. They may in fact do so but that has to be assessed on an individual basis. 17. It follows from that that, the evidence having established that this young woman lacks capacity to litigate, the court ought to make a declaration to that effect. Secondly, it follows that, the evidence having established that she has capacity to decide whether to continue or terminate her pregnancy, the court ought to make a declaration to that effect also but the court should go no further than that, nor does it do so. 18. Accordingly, I propose to make the order in the form submitted by the parties, which contains those two declarations, and effectively nothing else subject to any question of costs. I propose to make the press restriction order on the basis that has been earlier indicated.
HSAB Multi-Agency Risk Management Framework
HSAB Multi-Agency Risk Management Framework Mental Capacity Act 2005 Capacity and Decision Making Jem Mason Training Manager MCA/DoLS Team Hampshire County Council Tel: 01962-845724 jem.mason@hants.gov.uk
More informationMental Capacity Act and Deprivation of Liberty Safeguards Policy
Mental Capacity Act and Deprivation of Liberty Safeguards Policy Southend Safeguarding Adults Board Essex Safeguarding Adults Board Thurrock Safeguarding Adults Board Oct 2016 Document Control Sheet Title:
More informationIN THE HIGH COURT OF JUSTICE CHANCERY DIVISION. Before: MR. JUSTICE LIGHTMAN. - and -
IN THE HIGH COURT OF JUSTICE CHANCERY DIVISION HC0C00 [001] EWHC 1 (CH) Royal Courts of Justice Thursday, th May 00 Before: MR. JUSTICE LIGHTMAN B E T W E E N: HURST Claimant - and - LEEMING Defendant
More informationMental Capacity Act to people who lack capacity
Mental Capacity Act 2005 Decision making in relation Decision making in relation to people who lack capacity Background to the Act February 1995 Law Commission Report on Mental Incapacity as part of 4
More informationApplication to authorise a deprivation of liberty
COP DOL10 10.14 Court of Protection Application to authorise a deprivation of liberty (section 4A(3) and 16(2)(a) of the Mental Capacity Act 2005) A streamlined procedure pursuant to Re X and Ors (Deprivation
More informationDecision making for adults lacking capacity
Decision making for adults lacking capacity Helen Smith, Solicitor, Irwin Mitchell LLP Page 1 Welcome Welcome to this Contact Webinar If there is a technical hitch, please do bear with us Those of you
More informationThe Mental Capacity Act 2005, which came fully
Mental Capacity Act 2005: statutory principles and key concepts Richard Griffith, Cassam Tengnah Richard and Cassam are Lecturers in Health Law, School of Health Science, Swansea University Email: richard.griffith@swan.ac.uk
More informationPolicy: MENTAL CAPACITY ACT POLICY
Policy: MENTAL CAPACITY ACT POLICY Date Author Approve d by Nov 2015 Juliana Luxton, Head of Governance and Quality Doc name Comment Responsible Committee PCQC PCQC DRS-P-0008 Nov 2015 Policy reallocated
More informationApplication form. Court of Protection
COP 1 01.12 Court of Protection Application form Date received For office use only Case no. Full name of person to whom the application relates (this is the name of the person who lacks, or is alleged
More informationApplication to authorise a deprivation of liberty (Sections 4A(3) and 16(2)(a) of the Mental Capacity Act 2005)
COP DOL10 09.16 Court of Protection Application to authorise a deprivation of liberty (Sections 4A(3) and 16(2)(a) of the Mental Capacity Act 2005) A streamlined procedure pursuant to Re X and Ors (Deprivation
More informationOfficial Solicitor: Appointment in Family Proceedings
Appendix D Practice Note Official Solicitor: Appointment in Family Proceedings 1 This Practice Note supersedes the Practice Note dated 4 December 1998 (Official Solicitor: Appointment in Family Proceedings
More informationConsent. Vaccine Advice for CliniCians Service (VACCSline)
Consent 2017 Vaccine Advice for CliniCians Service (VACCSline) Learning objectives Describe basic principles of consent and how it applies to vaccination Identify consent issues for patients/clients within
More informationHealth service complaints
Health service complaints Mental Capacity Health service complaints Contents Complaints v legal proceedings 1 The complaints procedure 1 Who can make a complaint? 2 Time limits 2 Complaints not required
More informationDEPRIVATION OF LIBERTY AND THE CHESHIRE WEST CASE
DEPRIVATION OF LIBERTY AND THE CHESHIRE WEST CASE Personal Injury Mathieu Culverhouse Solicitor, Public Law Department Irwin Mitchell Overview Background: How did we get here? DoL authorisation: DoLS regime
More informationMental Capacity Act 2005 AS IT IS TO BE AMENDED BY THE MENTAL HEALTH ACT 2007
Mental Capacity Act 2005 AS IT IS TO BE AMENDED BY THE MENTAL HEALTH ACT 2007 Purpose This document is intended to show how the Mental Capacity Act 2005 will look as amended by the Mental Health Act 2007,
More informationCapacity to Consent Policy
Capacity to Consent Policy Document Reference POL018 Document Status Version: V4.0 Approved DOCUMENT CHANGE HISTORY Initiated by Date Author Director of Clinical Quality August 2010 Safeguarding Lead Version
More informationBefore: SIR RAYMOND JACK. - and -
IN THE HIGH COURT OF JUSTICE QUEEN S BENCH DIVISION [2013] EWHC 759 (QB) No.QB/2013/0057 Royal Courts of Justice Wednesday, 27 th March 2013 Before: SIR RAYMOND JACK B E T W E E N : BAKER TILLY (a firm)
More informationIntroduction 3. The Meaning of Mental Illness 3. The Mental Health Act 4. Mental Illness and the Criminal Law 6. The Mental Health Court 7
Mental Health Laws Chapter Contents Introduction 3 The Meaning of Mental Illness 3 The Mental Health Act 4 Mental Illness and the Criminal Law 6 The Mental Health Court 7 The Mental Health Review Tribunal
More informationAMA v Greater Manchester West Mental Health NHS Foundation Trust and Others [2015] 0036 UKUT (AAC) Public Guardian
IN THE UPPER TRIBUNAL ADMINISTRATIVE APPEALS CHAMBER Case No. Before Mr Justice Charles (President of the UT(AAC)) NHS Foundation Trust and Others [2015] 0036 UKUT (AAC) Attendances For the Appellant:
More informationChildren (Scotland) Act 1995
Children (Scotland) Act 1995 1995 c. 36 Crown Copyright 1995 The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is
More informationMental Capacity Act 2005 Keeling Schedule
Mental Capacity Act 2005 Keeling Schedule Showing changes which will be effected by the Mental Capacity (Amendment) Bill (Bill 117 This schedule has been prepared by the Department for Health and Social
More informationBusiness intelligence. Medical on i-law. July 2017 highlights the best of i-law.com and picompensation.com
i-law.com Business intelligence Medical on i-law July 2017 highlights the best of i-law.com and picompensation.com Contents Written by experts in medical law and clinical negligence, Medical on i-law.com
More informationTHE MCA: 10 YEARS, 10 CASES
THE MCA: 10 YEARS, 10 CASES Jenni Richards QC 29 June 2017 2008 In re S and another (Protected Persons) November 2008 Reported in [2010] 1 WLR 1082 HHJ Hazel Marshall QC In re S Parents executed EPAs appointing
More informationSouth West Development Centre A CARERS GUIDE TO THE MENTAL CAPACITY ACT 2005
South West Development Centre A CARERS GUIDE TO THE MENTAL CAPACITY ACT 2005 1 What is the Mental Capacity Act? On April 1 st 2007 the Mental Capacity Act will come into force, and it will for the first
More informationCapacity to Consent Policy
Capacity to Consent Policy Recommended by Approved by Executive Management Team Quality Committee Approval date October 2015 Version number 2.0 Review date October 2017 Responsible Director Responsible
More informationCHANCERY BAR ASSOCIATION ISLE OF MAN CONFERENCE 8 NOVEMBER 2018 AN INTRODUCTION TO THE ENGLISH COURT OF PROTECTION AND THE MENTAL CAPACITY ACT 2005
CHANCERY BAR ASSOCIATION ISLE OF MAN CONFERENCE 8 NOVEMBER 2018 AN INTRODUCTION TO THE ENGLISH COURT OF PROTECTION AND THE MENTAL CAPACITY ACT 2005 DAVID REES QC 5 Stone Buildings, Lincoln s Inn, London
More informationCOPYRIGHTED MATERIAL. Introduction to the Legal System CHAPTER 1. Ingrid Granne 1 and Lorraine Corfield 2. Case law
CHAPTER 1 Introduction to the Legal System Ingrid Granne 1 and Lorraine Corfield 2 1 Clinical Research Fellow and Specialist Registrar, Nuffield Department of Obstetrics and Gynaecology, University of
More informationMulti-Agency Capacity Policy and Procedures [Jersey] December 2015
Multi-Agency Capacity Policy and Procedures [Jersey] December 2015 DOCUMENT PROFILE Document Status Short Title Document Purpose Target Audience Author v.5 16.12.15 Final Capacity Policy and Procedures
More informationON THE RIGHTS AND RESPONSIBILITIES OF THE CITIZENS IN THE HEALTH CARE
UNITED NATIONS United Nations Interim Administration Mission in Kosovo UNMIK NATIONS UNIES Mission d Administration Intérimaire des Nations Unies au Kosovo PROVISIONAL INSTITUTIONS OF SELF GOVERNMENT Law
More informationTitle: Approved By & Date. Trust-wide all clinical staff
Title: Purpose: Introduction Mental Capacity Act and Deprivation of Liberty Safeguards To clarify roles, duties and expectations of employees who are involved in the care or treatment of adult service
More informationCCG CO10; Mental Capacity Act Policy
Corporate CCG CO10; Mental Capacity Act Policy Version Number Date Issued Review Date V2.1 November 2018 November 2019 Prepared By: Consultation Process: Formally Approved: NECS Commissioning Manager,
More informationCAPACITY AND SELF-DETERMINATION (JERSEY) LAW 2016
Capacity and Self-Determination (Jersey) Law 2016 Arrangement CAPACITY AND SELF-DETERMINATION (JERSEY) LAW 2016 Arrangement Article PART 1 5 INTERPRETATION AND GENERAL PRINCIPLES 5 1 Interpretation...
More informationCourt of Protection Issues. Catherine Dobson & Nicola Kohn. 1. This paper provides an overview of the procedure which has been put in place to
Court of Protection Issues Catherine Dobson & Nicola Kohn Introduction 1. This paper provides an overview of the procedure which has been put in place to implement the streamlined process by which the
More informationCHIEF CORONER S GUIDANCE No. 16. DEPRIVATION OF LIBERTY SAFEGUARDS (DoLS)
CHIEF CORONER S GUIDANCE No. 16 DEPRIVATION OF LIBERTY SAFEGUARDS (DoLS) Introduction 1. This guidance concerns persons who die at a time when they are deprived of their liberty under the Mental Capacity
More informationGUIDANCE No 16A. DEPRIVATION OF LIBERTY SAFEGUARDS (DoLS) 3 rd April 2017 onwards. Introduction
GUIDANCE No 16A DEPRIVATION OF LIBERTY SAFEGUARDS (DoLS) 3 rd April 2017 onwards. Introduction 1. In December 2014 guidance was issued in relation to DoLS. That guidance was updated in January 2016. In
More informationINTRODUCTION TO THE CURATORSHIP TO A PERSON OF FULL AGE
GUIDE FOR THE CURATOR AND THE TUTORSHIP COUNCIL FOR A PERSON OF FULL AGE INTRODUCTION TO THE CURATORSHIP TO A PERSON OF FULL AGE SECTION A INTRODUCTION TO THE CURATORSHIP TO A PERSON OF FULL AGE TABLE
More informationNumber 13 of 2006 PARENTAL LEAVE (AMENDMENT) ACT 2006 ARRANGEMENT OF SECTIONS
Number 13 of 2006 PARENTAL LEAVE (AMENDMENT) ACT 2006 Section 1. Interpretation. ARRANGEMENT OF SECTIONS 2. Entitlement to parental leave. 3. section 6 of 4. section 7 of 5. section 8 of 6. section 10
More informationMental Capacity Act & Deprivation of Liberty Safeguards Awareness Session
Mental Capacity Act & Deprivation of Liberty Safeguards Awareness Session Objectives by the end of the session you will have an understanding of: What is meant by mental capacity the five core principles
More informationBefore : MR JUSTICE WARBY Between :
Neutral Citation Number: [2015] EWHC 2829 (QB) IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION Case No: HQ13X02018 Royal Courts of Justice Strand, London, WC2A 2LL Date: 07/10/2015 Before : MR JUSTICE
More informationNeutral Citation Number: [2014] EWCOP 25. Case No: and 28 others. COURT OF PROTECTION (In Open Court)
Neutral Citation Number: [2014] EWCOP 25 COURT OF (In Open Court) Case No: 12488518 and 28 others Royal Courts of Justice Strand, London, WC2A 2LL Date: 7 August 2014 Before : Sir James Munby President
More informationLondon Borough of Hillingdon v WW [2016] UKUT 0253 (AAC) Buckinghamshire County Council v SJ [2016] UKUT 0254 (AAC)
CDC case law update 9 June 2016 This update is intended to provide general information about recent decisions of the courts and Upper Tribunal which are relevant to disabled children, young people, families
More informationWORCESTERSHIRE MENTAL HEALTH PARTNERSHIP NHS TRUST MENTAL CAPACITY ACT 2005 SUMMARY AND GUIDANCE FOR STAFF
WORCESTERSHIRE MENTAL HEALTH PARTNERSHIP NHS TRUST MENTAL CAPACITY ACT 2005 SUMMARY AND GUIDANCE FOR STAFF Worcestershire Mental Health Partnership NHS Trust Policy Data Unique Identifier: CP0096 Ratified
More informationBest Interests Applications to the Court of Protection
Best Interests Applications to the Court of Protection Bristol Marriot Royal Hotel - Thursday, 21st March 2013 by Charlie Newington-Bridges Historical Background Law Commission Proposals 1. The Law Commission,
More informationCOURT OF PROTECTION. In the matter of NEWMAN
COURT OF PROTECTION MENTAL CAPACITY ACT 2005 In the matter of NEWMAN 1. This is an application relating to various defects in an Enduring Power of Attorney. The background 2. [The judge then set out in
More informationSupersedes: Version 1 Description of Amendment(s): Amendments to Stage Test of Capacity. Originated By: The Mental Capacity Act Working Group
Review Circulation Application Ratification Originator or modifier Supersedes Title Document Control Template DOCUMENT CONTROL PAGE Title: Mental Capacity Policy Version: 1.1 Reference Number: MCA001 Supersedes:
More informationNeutral Citation Number: [2009] EWHC 1190 (Admin) Case No. CO/6528/2007 IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION THE ADMINISTRATIVE COURT
Neutral Citation Number: [2009] EWHC 1190 (Admin) IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION THE ADMINISTRATIVE COURT Case No. CO/6528/2007 Royal Courts of Justice Strand London WC2A 2LL Date:
More informationPolicy for dealing with habitually demanding or vexatious complainants and/or habitually demanding or vexatious behaviour
Policy for dealing with habitually demanding or vexatious complainants and/or habitually demanding or Version: Ratified by: Date ratified: Name of originator/author: Name of responsible committee: Final
More informationLasting power of attorney for health and welfare
Page 1 of 12 Keep all pages of this form together Sunday 02 October 2011 For OPG office use only LPA HW registered on OPG reference number Lasting power of attorney for health and welfare About this lasting
More informationFORM 1.1 INDIVIDUAL COMPLAINT Use This Form to File Your Own Complaint
Use This Form to File Your Own Complaint BC Human Rights Tribunal 1170-605 Robson Street Vancouver BC V6B 5J3 Phone: 604-775-2000 Fax: 604-775-2020 Toll Free: 1-888-440-8844 TTY: 604-775-2021 GENERAL INSTRUCTIONS
More informationB e f o r e : MR. JUSTICE ARNOLD. OLYMPIC DELIVERY AUTHORITY - and -
Neutral Citation Number: [2012] EWHC 1114 (Ch) Case No. HC12F01409 IN THE HIGH COURT OF JUSTICE CHANCERY DIVISION Royal Courts of Justice 18th April 2012 B e f o r e : MR. JUSTICE ARNOLD OLYMPIC DELIVERY
More informationJUDICIAL AUTHORISATION OF DEPRIVATION OF LIBERTY
JUDICIAL AUTHORISATION OF DEPRIVATION OF LIBERTY December 2017 A: Introduction 1. A procedure has been established by the courts to enable the authorisation of the deprivation of liberty of an individual
More informationLaws Relating to Individual Decision Making
Laws Relating to Individual Decision Making CHAPTER CONTENTS Introduction 3 Impaired Decision-making Capacity 3 Powers of Attorney 4 General Powers of Attorney 5 Enduring Powers of Attorney 6 Advance Health
More informationParenting and Support Act
Parenting and Support Act CHAPTER 160 OF THE REVISED STATUTES, 1989 as amended by 1990, c. 5, s. 107; 1994-95, c. 6, s. 63; 1997 (2nd Sess.), c. 3; 1998, c. 12, s. 2; 2000, c. 29, ss. 2-8; 2012, cc. 7,
More informationLEGAL BRIEFING DEPRIVATION OF LIBERTY. June 2015
LEGAL BRIEFING DEPRIVATION OF LIBERTY June 2015 This briefing for social housing providers on the legal framework for deprivation of liberty was written by Joanna Burton of Clarke Willmott LLP on behalf
More information2017 No. MENTAL CAPACITY. The Mental Capacity (Suitably Qualified Person) Regulations (Northern Ireland) 2017
S T A T U T O R Y R U L E S OF N O R T H E R N I R E L A N D 2017 No. MENTAL CAPACITY The Mental Capacity (Suitably Qualified Person) Regulations (Northern Ireland) 2017 Made - - - - xx Month 2017 Laid
More informationLegal Framework: Advance Care Planning Gippsland Region Palliative Consortium and McCabe Centre for Law and Cancer (Cancer Council Victoria)
Legal Framework: Advance Care Planning Gippsland Region Palliative Consortium and McCabe Centre for Law and Cancer (Cancer Council Victoria) Claire McNamara, Legal Officer 1300 309 337 www.publicadvocate.vic.gov.au
More informationWorking with the. Mental Capacity Act Third Edition. Written by. Steven Richards and Aasya F Mughal
Working with the Mental Capacity Act 2005 Third Edition Written by Steven Richards and Aasya F Mughal www.matrixtrainingassociates.com Working with the Mental Capacity Act 2005 (3 rd edition) i 1 st edition
More informationBefore: LORD JUSTICE LAWS LORD JUSTICE LLOYD AND LORD JUSTICE GROSS Between: (2) KI (SOMALIA) AND OTHERS
Case No: C5/2010/0043 & 1029 & (A) Neutral Citation Number: [2010] EWCA Civ 1236 IN THE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM THE ASYLUM AND IMMIGRATION TRIBUNAL [AIT Nos. OA/19807/2008; OA/19802/2008;
More informationCHILDREN AND YOUNG PERSONS ACT 2001 Chapter 20
Copyright Treasury of the Isle of Man Crown Copyright reserved See introductory page for restrictions on copying and reproduction CHILDREN AND YOUNG PERSONS ACT 2001 Chapter 20 Arrangement of sections
More informationDEPUTY WORKSHOP What P&A Deputies should know about H&W. Katie Scott 29 June 2017
DEPUTY WORKSHOP What P&A Deputies should know about H&W Katie Scott 29 June 2017 Contents DOLS Ensuring P is not paying privately for care he is entitled to receive from the State. When welfare overlaps
More informationEuropean Union (Withdrawal) Bill House of Commons Report stage. Tuesday 16 January 2018
European Union (Withdrawal) Bill House of Commons Report stage Tuesday 16 January 2018 This briefing supports: New Clause 15 non regression of equality law; New Clause 16 right to equality; Amendments
More informationFORM 1.3 COMPLAINT FOR GROUP OR CLASS Use This Form to File a Complaint for a Group or Class of Persons. BC Human Rights Tribunal GENERAL INSTRUCTIONS
Use This Form to File a Complaint for a Group or Class of Persons BC Human Rights Tribunal 1170-605 Robson Street Vancouver BC V6B 5J3 Phone: 604-775-2000 Fax: 604-775-2020 Toll Free: 1-888-440-8844 TTY:
More informationPatient Information and Consent
Version 1.4 Effective date: 31 October 2012 Author: Approved by: Claire Daffern, QA Manager Dr Sarah Duggan, CTU Manager Revision Chronology: Effective Date Version 1.4 31 October 2012 Version 1.3 22 August
More informationHuman Fertilisation and Embryology Act 2008
Human Fertilisation and Embryology Act 2008 CHAPTER 22 CONTENTS PART 1 AMENDMENTS OF THE HUMAN FERTILISATION AND EMBRYOLOGY ACT 1990 Principal terms used in the 1990 Act 1 Meaning of embryo and gamete
More informationHuman Fertilisation and Embryology Bill [HL]
Human Fertilisation and Embryology Bill [HL] EXPLANATORY NOTES Explanatory notes to the Bill, prepared by the Department of Health, are published separately as Bill 70 EN. EUROPEAN CONVENTION ON HUMAN
More informationHuman Fertilisation and Embryology Bill [HL]
[AS AMENDED ON REPORT] CONTENTS PART 1 AMENDMENTS OF THE HUMAN FERTILISATION AND EMBRYOLOGY ACT 1990 Principal terms used in the 1990 Act 1 Meaning of embryo and gamete 2 Meaning of nuclear DNA Activities
More informationMental Capacity (Amendment) Bill [HL]
Mental Capacity (Amendment) Bill [HL] MARSHALLED LIST OF AMENDMENTS TO BE MOVED IN COMMITTEE OF THE WHOLE HOUSE The amendments have been marshalled in accordance with the Instruction of 18th July 2018,
More informationMental Capacity Act 2005
Mental Capacity Act 2005 (England and Wales) An overview Dr Julian Sheather BMA Ethics Department What does the Act do? Provides a comprehensive framework for decision-making i on behalf of adults aged
More informationWHAT IS A CONDITION AND PROGNOSIS REPORT AND WHAT PURPOSE DOES IT SERVE IN LEGAL PROCEEDINGS?
CONDITION AND PROGNOSIS REPORTS BACK TO BASICS WHAT IS A CONDITION AND PROGNOSIS REPORT AND WHAT PURPOSE DOES IT SERVE IN LEGAL PROCEEDINGS? The purpose of damages awarded in personal injury/clinical negligence
More informationC183 MATERNITY PROTECTION CONVENTION, 2000
C183 MATERNITY PROTECTION CONVENTION, 2000 UN Instrument Adopted by International Labour Organization (ILO) at the 88 th ILO Conference, Geneva, Switzerland, 15 June 2000 C183 Maternity Protection Convention,
More informationShort Guide 04. Edward Jacobs, Judge of the Upper Tribunal. The ABC of Effective Procedural Applications The Basics of Tribunal Representation
Short Guide 04 The ABC of Effective Procedural Applications The Basics of Tribunal Representation Edward Jacobs, Judge of the Upper Tribunal Public Law Project Contents The Public Law Project (PLP) is
More informationTRANSPARENCY IN THE COURT OF PROTECTION PUBLICATION OF JUDGMENTS
TRANSPARENCY IN THE COURT OF PROTECTION PUBLICATION OF JUDGMENTS PRACTICE GUIDANCE issued on 16 January 2014 by SIR JAMES MUNBY, PRESIDENT OF THE COURT OF PROTECTION The purpose of this Guidance 1 This
More informationThe Queen on the application of Yonas Admasu Kebede (1)
Neutral Citation Number: [2013] EWCA 960 Civ IN THE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM THE HIGH COURT OF JUSTICE QUEEN S BENCH DIVISION ADMINISTRATIVE COURT Timothy Straker QC (sitting as
More informationADULT PROTECTION ACT
c t ADULT PROTECTION ACT PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this Act, current to December 15, 2016. It is intended for information and
More informationConsent Form 4. Form for adults who lack the capacity to consent to investigation or treatment
Consent Form 4 Form for adults who lack the capacity to consent to investigation or treatment Patient details (or pre-printed label) Patient's surname/family name Patients first names.. Date of birth NHS
More informationMental Capacity Act and Deprivation of Liberty Safeguards
Policy Number LCH-119 This document has been reviewed in line with the Policy Alignment Process for Liverpool Community Health NHS Trust Services. It is a valid Mersey Care document, however due to organisational
More informationLaw of Georgia. on Gender Equality
Law of Georgia on Gender Equality Chapter I. General Provisions Article 1. Scope of the Law The Law establishes the fundamental guarantees of equal rights, freedoms and opportunities of women and men granted
More informationComplaint Form and Guide
PEI Human Rights Commission Complaint Form and Guide PO Box 2000 53 Water Street Charlottetown PE C1A 7N8 Tel: 902 368 4180 Toll Free: 1 800 237 5031 Fax: 902 368 4236 www.peihumanrights.ca Please note
More informationB e f o r e: MRS JUSTICE LANG. Between: THE QUEEN ON THE APPLICATION OF DEAN Claimant
Neutral Citation Number: [2016] EWHC 3775 (Admin) IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION THE ADMINISTRATIVE COURT CO/4951/2016 Royal Courts of Justice Strand London WC2A 2LL Thursday, 15 December
More informationThe Newcastle upon Tyne Hospitals NHS Foundation Trust. Employment Policies and Procedures. Policy Statement on the Recruitment of Ex-Offenders
The Newcastle upon Tyne Hospitals NHS Foundation Trust Employment Policies and Procedures Policy Statement on the Recruitment of Ex-Offenders Version.: 3.0 Effective From: 1 September 2016 Expiry Date:
More informationCourt of Protection Application form
COP 1 12.17 Court of Protection Application form Case no. For office use only Full name of person to whom the application relates (this is the name of the person who lacks, or is alleged to lack, capacity)
More informationBefore: LORD JUSTICE THORPE and LORD JUSTICE MAURICE KAY IN THE MATTER OF C (Children)
Case No: B4/2009/1315 Neutral Citation Number: [2009] EWCA Civ 994 IN THE SUPREME COURT OF JUDICATURE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM THE WILLESDEN COUNTY COURT (HIS HONOUR JUDGE COPLEY)
More informationSAINT LUCIA EQUALITY OF OPPORTUNITY AND TREATMENT IN EMPLOYMENT AND OCCUPATION ACT CHAPTER 16.14
SAINT LUCIA EQUALITY OF OPPORTUNITY AND TREATMENT IN EMPLOYMENT AND OCCUPATION ACT CHAPTER 16.14 Revised Edition Showing the law as at 31 December 2001 Act 9 of 2000 in force 1 April 2000 (S.I.99/2000)
More informationAgreement to an investigation, procedure or treatment by a patient with mental capacity
D CONSENT FORM ONE (1) Addressograph Patient s surname / family name: Patient s first name(s): Date of birth: Hospital number: NHS number: Agreement to an investigation, procedure or treatment by a patient
More information[2015] EWHC 854 (QB) 2015 WL
Dr Saima Alam v The General Medical Council Case No: CO/4949/2014 High Court of Justice Queen's Bench Division Administrative Court 27 March 2015 [2015] EWHC 854 (QB) 2015 WL 1310679 Before: Mr Justice
More informationB e f o r e: PRESIDENT OF THE QUEEN'S BENCH DIVISION MR JUSTICE TUGENDHAT. Between:
IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION DIVISIONAL COURT CO/9898/2011 Royal Courts of Justice Strand London WC2A 2LL Tuesday, 16 October 2012 B e f o r e: PRESIDENT OF THE QUEEN'S BENCH DIVISION
More informationMISSION STATEMENT. Surname: Surname at birth (If different): Forename: Middle name(s) Date of Birth: Age:
ROYAL TURKS AND CAICOS ISLANDS POLICE FORCE APPLICATION FORM HUMAN RESOURCES DEPARTMENT CHURCH FOLLY, GRAND TURK, TURKS AND CAICOS ISLANDS. PHONE: 649-946-1064; 649-946-2371 ext. 30313/30315; FAX: 649-946-2099.
More informationActing as a litigation friend in the Court of Protection
Guidance Note Acting as a litigation friend in the Court of Protection Introduction 1. The Court of Protection plays a vital role in securing the rights of some of the most vulnerable people in society.
More informationThe Mental Capacity Act in everyday practice
The Mental Capacity Act in everyday practice Dr Oluwatoyin Sorinmade Consultant Older Adult Psychiatrist Interpersonal Therapist Trust Clinical Lead Mental Capacity Act Wednesday 12 October 2016 Better,
More informationCROSS-BORDER ISSUES: DEPUTYSHIPS AND LPAS 1. Rhys Hadden, Guildhall Chambers, 1 st February 2018
CROSS-BORDER ISSUES: DEPUTYSHIPS AND LPAS 1 Rhys Hadden, Guildhall Chambers, 1 st February 2018 "The wide world is all about you: you can fence yourselves in, but you cannot forever fence it out." J.R.R.
More informationRemoving a Trustee who no longer has capacity
Removing a Trustee who no longer has capacity CONTENTS CLAUSE 1 & 2 Quick guide and Overview... 2 3. The Basic Route forward... 3 4. Mental Capacity... 4 5. Does P have an Attorney?... 5 6. What if P has
More informationBUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES CIRCUIT COMMERCIAL COURT [2018] EWHC 3021 (Comm) Royal Courts of Justice Friday, 12 October 2018
WARNING: reporting restrictions may apply to the contents transcribed in this document, particularly if the case concerned a sexual offence or involved a child. Reporting restrictions prohibit the publication
More informationMediating trust disputes practical guidance for trustees or personal representatives and beneficiaries
Mediating trust disputes practical guidance for trustees or personal representatives and beneficiaries Disputes covered This guidance is primarily concerned with disputes internal to the trust or estate,
More informationCross-examination of vulnerable persons in family law proceedings
48 January [2019] Fam Law Cross-examination of vulnerable persons in family law proceedings Katherine Res Pritchard, Senior associate at Vardags Kate Williams, Trainee solicitor at Vardags Katherine Res
More informationCuratorship. Curatorship Zoë Blomfield Managing Partner
Curatorship Zoë Blomfield Managing Partner What is a curator? A Curator is appointed to manage and administer the affairs of a person ( the Interdict ) who has been found to be mentally incapable of doing
More informationDisclosure and Barring (DBS) Policy
Disclosure and Barring (DBS) Reference Number: Version: 1.1 Name of Originator/Author: Responsible LECCG Committee: LECCG Executive Lead: Date Approved by LECCG Authorising Committee: HR004 Andrew Utley,
More informationIN THE KINGSTON-UPON-THAMES COUNTY COURT. Before: DISTRICT JUDGE JOHN SMART. - and -
IN THE KINGSTON-UPON-THAMES COUNTY COURT No. C00KT674 St James s Road Kingston-upon-Thames Surrey KT1 2AD Thursday, 13 th October 2016 Before: DISTRICT JUDGE JOHN SMART B E T W E E N : LONDON BOROUGH OF
More informationB e f o r e: LORD JUSTICE JACKSON LORD JUSTICE LINDBLOM. BRADFORD TEACHING HOSPITALS NHS FOUNDATION TRUST Respondent
Neutral Citation Number: [2016] EWCA Civ 1001 IN THE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION (HIS HONOUR JUDGE GOSNELL) A2/2015/0840 Royal Courts
More informationMÉTIS NATION OF ALBERTA ASSOCIATION BYLAWS Schedule C (Election Bylaws)
MÉTIS NATION OF ALBERTA ASSOCIATION BYLAWS Schedule C (Election Bylaws) UPDATED BASED ON 2017 ANNUAL ASSEMBLY SPECIAL RESOLUTIONS CHANGES FILED WITH CORPORATE REGISTRAR ON OCTOBER 27, 2017 CONSOLIDATED
More informationLast Bride Standing Contestant Application A division of Long Valley Productions, Inc.
Last Bride Standing Contestant Application A division of Long Valley Productions, Inc. Fax to (905) 266.2151 or email it to inquiry@longvalleyproductions.com Please attach a copy of your valid I.D. 1.
More information